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State v. Carter

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 7, 2017
NO. 2017 KW 0517 (La. Ct. App. Jul. 7, 2017)

Opinion

NO. 2017 KW 0517

07-07-2017

STATE OF LOUISIANA v. MARLON CARTER


In Re: Marlon Carter, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-14-0830. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.

WRIT DENIED. On February 22, 2016, the trial court acted on relator's motions for speedy trial filed by relator on January 5 & 12, 2015, as instructed by this court in 2015 KW 1906. Although the trial court did not conduct a contradictory hearing on relator's pro se motion for speedy trial filed on January 12, 2015, prior to denying the motion as required by La. Code Crim. P. art. 701(F), relator's only remedy is release without bail. However, because relator has recently been convicted of another felony and sentenced, relator would not be eligible for release from jail at this time. Moreover, it is noted that relator is represented by counsel, and a counseled motion to continue and a number of joint motions to continue have been filed in this matter.

JMG

JTP

Whipple, C.J., dissents in part and would remand the matter to the district court for a hearing on relator's motion for speedy trial in compliance with La. Code Crim. P. art. 701(F). Relator filed a pro se motion for speedy trial on or about January 12, 2015, without the required affidavit by counsel. On February 22, 2016, the trial court denied the motion without a contradictory hearing. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Carter

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 7, 2017
NO. 2017 KW 0517 (La. Ct. App. Jul. 7, 2017)
Case details for

State v. Carter

Case Details

Full title:STATE OF LOUISIANA v. MARLON CARTER

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jul 7, 2017

Citations

NO. 2017 KW 0517 (La. Ct. App. Jul. 7, 2017)